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Premises Liability

Premises liability refers to the set of legal rules that holds owners or operators responsible when a person is injured because of a danger or unsafe condition on their property. This includes such things as a slip-and-fall in a restaurant, toxic mold in an apartment, and bacterial contamination in a swimming pool. Most premises, or properties, are governed by safety codes that create duties to avoid exposing people to an unreasonable risk of harm. A failure to exercise this ordinary duty of care is considered negligence, and people injured by unsafe premises can sue for damages caused by such negligence.

Lane, Oregon - County Fair E. coli Litigation

Marler Clark represented many of the 82 people, most of them young children, who were sickened by E. coli O157:H7 at the Lane County Fair in Eugene, Oregon, in the summer of 2002.

North Carolina State Fair E. coli Outbreak Litigation

The North Carolina State Department of Health and Human Services (DHHS) announced on November 8 that the North Carolina State Fair was the source of over 106 cases of E. coli O157:H7 amongst persons who attended the fair. On December 16, N.C. DHHS released an outbreak report, and stated that “Many activities in the Crossroads Farm Petting Zoo were associated with illness.”

Atlanta White Water Waterpark E. coli O157:H7 Litigation

In the summer of 1998, 26 children became ill from E. coli O157:H7 contracted while playing in the kiddie pool at White Water Park, a commercial water park in suburban Atlanta. Seven of those children were hospitalized and a 2-year-old girl died from Hemolytic Uremic Syndrome, a kidney disorder caused by E. coli O157:H7.

AgVenture Farms E. coli O157:H7 Outbreak Litigation

The Florida State Department of Health (DOH) identified 22 confirmed cases of E. coli O157:H7 and Hemolytic Uremic Syndrome in Central Florida during March, 2005. At least 35 additional cases were suspected as of April 1, 2005.

Schuerhoff v. Schrader, et al.

In January, 1996, 17-year-old Michael Scheurhoff was pushed to his death from an abandoned railroad trestle in Bothell, Washington.  In criminal proceedings, Steven Garza, Benjamin Drake, and Lawrence Edinger were acquitted on manslaughter charges. Tyler Wheaton pleaded guilty to rendering criminal assistance, and Brian Schrader was sentenced to 20 years in prison for pushing Michael from the tresle.

Union Pacific Railroad Accident Litigation

At the time of her accident, JoAnn Beffert was an energetic and hard working supervisor at a railway cargo terminal. In February 2001, Ms. Beffert was parked in her pick-up truck in the Seattle Union Pacific railroad yard, waiting to give a co-worker a lift. Suddenly, a wheel on a 175,000 pound “piggy packer” crane, a crane used to load and unload containers off railroad cars, broke through a concrete lid on the yard surface, causing the crane to tip over. The crane crashed onto its left side, landing squarely on the pick-up truck, and crushing it. The dashboard of the truck pinned down Ms. Beffert’s legs, and she was unable to move. It took over four hours, and two attempts by the rescuers at the scene with another heavy duty crane, before the fallen crane was lifted up enough to extract Ms. Beffert from the wreckage.

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